York County, VA - Court Proceedings Transcribed by Kathy Merrill for the USGenWeb Archives Special Collections Project ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Proceedings in York County Court William and Mary College Quarterly Historical Magazine, Vol. 11, No. 1. (Jul., 1902), pp. 28-38. Page 28 PROCEEDINGS IN YORK COUNTY COURT. CASE OF THOMAS CHENEY, A LUNATIC. 24 June, 1661. Thomas Cheney being, upon the complaint of Mr. Edmund Peeters, comitted to ye Sheriffes custody for speak- ing dangerous and unlawfull words of the kings most Excellent majesty and his Government, which Cheney, appearing this day, and the oath of allegiance & Supremacy tendered to him, wch hee refusing to take it, is ordered yt hee forthwith receave thirty stripes on his bare back, well layd on till ye blood come, & then returned to ye court. The court finding by the discourse of Thomas Cheney that hee is disturbed in his braine, talking wildly and distractedly to such things as are put to him, Order a suspension of his punish- ment till ye next court, & yt the sheriffe keepe him till yen, & Pduce him to ye court. STOCKS AND PILLORY. June 25, 1661. The court this day agreed with Jerrard Haw- thorne to build or make a paire of stocks and a pillory, & to fitt them with Iron work, & all things compleat, & to bring them to Mr Robert Baldreys house at furthest by ye 20th of August next, to set ye stockes where Mr. Baldrey shall appoint, & the pillory neare ye horse path against ye court house. In consideration Page 29 whereof the court order him to be paid Eight Hundred pounds of tobacco and caske at the next Leavy. ORDER CONCERNING A SUICIDE. The 10th of June, 1661. The jury setting upon the body of Walter Catford, who, for want of Grace, tooke a Grindstone and a Roape, and tyed it about his middle and crosse his thighes, and most barbarously went and drowned himselfe contrary to ye law of the king and this country, whoe is found guilty of his own death by this Jury, whose names are herewith written, Edward Molson, foreman, Edward Palmer, Walter Brookes, John Adus- ton, Thomas Wardly, Thomas Welles, Thomas Hall, James Williams, Wm. Porter, Maurice Prosser, Thomas Cobbs, Argall Blackstone. The jury sworne and the Inquest taken by mee, Hen Gooch. The said Walter Catford was servant to Mair Thomas Beale at ye time of his death. HENRY GOOCH.* QUAKERS. At a court held for York county, 26 Sugust, 1661. Present: Nathaniel Bacon, Coll. George Reade, Major Thomas Beale, Esqres; Lt. Coll. Wm. Barbar, Capt. Daniel Parke, Mr Edmund Peeters, Capt. William Hay, Lt. Coll. H. Gooch, Capt. Robt. Bal- drey. Whereas, notwithstanding the kings most Excellent Maiesties gratious pardon of all Quakers for the time before his said proclamacon and the Right Noble. Governrs. explanacon thereof by both which it appeares that all Quakers are to be comformable to ye Lawes from publicacon thereof, severall meetings have been of the said Quakers in this countrey, especially by Women, whereupon his Maties said Governr Ordered that all Women who should, after p ublicacon of the said procamacon and explana- con, continue their said unlawfull meetings, & broach their schismaticall and hereticall Doctrines & opinions, should by the adioyning Magistrate be tendred the oathes of Supremacy & Allegiance, & the refusers to be Imprisoned according to Law. And it appearing, by two Oathes taken this day in court, that severall Quakers mett the 25th instant in the woods, among which _______________________________________________ *Justice of York county, and during Bacon's Rebellion lieutenant- colonel under Bacon. Page 30. were Mrs Mary Chisman and Two or Three negroes belonging to hir husband. It is Ordered yt the said Edmond Chisman & his wife have notice of the Governrs said order, & if shee shall here- after offend in the like kind, that ye said order be put into Effec- tuall execution against hir, and also that Mr Chisman restreyne his said negroes & whole family from repairing to ye said un- lawfull Assemblyes at his perill. Whereas, Mr Justinian Aylmer Cl hath this day exhibited a Charge to the Court against Mr Thomas Bushrod, thereby in- forming that the said Bushrod on Friday last used slanderous, rude, contemptible and mutinous language against the Reverend clergy in generall & Magistracy of this Colony, & especially against Mr Philip Mallory and ye said Mr Aylmer, minister, and Capt. Augustin Warner, Esqr., one of the Hoble Councill of State, It is ordered that A warrant issue forthwith for ye said Bushrods appearance to-morrow morning by reason of the Order before ye Right Hoble Governr, Councillrs, and other magistrates at Coll. Reades house, and yt ye said Mr. Aylmer, & also Mr Thomas Iken be yen present yere. Aug. 27, 1661. Whereas, the 26th Instant, at a court held for York county, Mr Justinian Alylmer Cl. did exhibit a charge against Mr Thomas Bushrod, conteyning much mutenous, slanderous & abusive lan- guage used by the said Bushrod, tending highly to the disturb- ance of his Maiestyes peace in this Collony, & being of very dangerous consquence both to Church and State, Whereupon a warrant issued for resting the said Bushrod and causing him to appear before this Court this day at Coll. Reade's house, who accordingly appearing, and the said charge being proved by the oath of Mr Thomas Iken (and what concerned not himselfe) by said Aylmer's oath. It is ordered that ye sherr of Yorke county take the said Bushrod into his custody and him with a guard of six soldiers safely to conveigh to ye prison of Yorke county, and there keepe him without Bayle or main prise till ye next Qrter Court at James Citty, & then and there the first day of the said Quarter Court to produce him to the Right Hoble his Matyes Governr and Councill of State and ye Governrs Honr is humbly desyred by the rest of the court to issue his warrant to ye sheriffe accordingly. Page 31 Mr. Thomas Bushrod, after his comittment to ye sherr custody, having this Day peticoned the Court that Bayle might be taken for his appearance at next Quarter Court, the Court unani- mously agreeth that the charge against him is of soe high and dangerous a nature & concernment that hee is no way balyeable, and therefore cannot grant his said peticon. To the R. Hoble his Maties Governr, &c., of Virginia, Councellrs of State, & worsll Comrs of Yorke County. Justinian Aylmer Humbly presenteth That ffriday last, being the 23th instant, being aboard ye shipp Elizabeth, now at ancor in York River bargaining for a servant, Mr Thomas Bushrod*, being yen also aboard, your petr having a long time shunned his abusive discourse, at length, not well knowing how to avoyd it, heard from him much scandalous reproachfull language, vizt, that your petr was a lying knave, an ugly Rogue, & blind Rogue, which how scandalous soever yor petr should rather have waved then now have troubled yor Honrs. But ye said Bushrod, not resting there, told yor petitioner that Mr Phillip Malory (that Reverend divine), and yor petr were a Couple of Episcopall knaves, and now yor petr thought himselfe bound for the vindi- cation of the Reverend clergy in generall, & particularly yt wor- thy gentleman, Mr Malory, from such slanderous & abusive lan- guage to acquaint yor Honor with it. Nor did the said Bushrod cease, but added yt the Quakers should & would continue their meetings in despight of yor pe- titioner or any other, that they would meet the Sonday following, his wife should be there and challenged Capt. Augustine Warner, Esqre (then also present), yor petr or any other to disturb their meeting -- or words to that effect. By which your petrs conceives church & State at once strooke at according to the usual prac- tice of these dangerous persons the Quakers. Which hee humbly prsents for ye courts furyer pceedings yereuppon. JUSTINIAN AYLMER, Cler. _____________________________________________________ *By a deposition taken shortly after, it would appear that Bushrod's age was fifty-seven, and that he intermarried with the relict and execu- trix of Thomas Hill. In February, 1661 [1662, Bushrod had so far regained the favor of the Court as to be appointed, with Major Beale and Lieutenant-Colonel Gooch, to divide the estate of William Hughes, deceased. Page 32. Thomas Iken, aged about 28 yeares, sworn, saith. That the 23th of August instant, being aboard the shipp Eliza- beth, now at Ancor in Yorke River, Mr Thomas Bushrod & Mr Justinian Aylmer being also aboard, this depont did heare ye said Bushrod challenge and dare the Magistrates to apprehend the Quakers at yeir meetings, if they durst, & said they would meet uppon Sonday following, and that his wife was usually at yeir meetings if weather would permitt, and further said, let them send yeir officers (speaking of ye Magistrates). This de- pont hearing these discourses, told him that if the Sherr was there hee would assist to apprehend them, uppon which hee used revileing language to yor depont. Afterwards this depont leav- ing the Cabbin, at his returne, heard ye said Bushrod call Mr Aylmer ugly fellow in neglecting his duty of coming to his ye said Bushrod's wife to reclaim hir, Mr Aylmer desyring him to bring his wife to church, uppon yat he called Mr Aylmer blind priest. I asked him if hee were not ashamed to abuse a gentle- man in orders, hee replyed they were Anti Christs, & pceeded from ye pope. And further this deponent saith, being sometimes in and sometimes out of the Cabbin, while the company & dis- course continued, he heard noe other words, but this, that ye said Bushrod, talking to Capt. Augustine Warner, Esqre, said hee would not meddle with him as a counsellr, but that hee ye said Warner, was a Rogue & a dogg. And further saiy not. Sworn in court 27th August, 1661. THOMAS IKEN. Test : Tho : Ballard. Justinian Aylmer, aged about 26 yeares, sworne, saith. Uppon ffriday last, being the 23th of the instant month, yor petitioner being aboard of ye shipp Elizabeth, about his occasions coming to take his leave of Capt. Augustine Warner, Mr Thomas Bushrod being then in hot discourse wth scurrilous speeches, wth Mr Iken, & the said Capt. Warner, as soone as your petr come in, after much abusive terms given to your petr, hee afterwards began in these words, or such like, with Mr Phillip Malory, say- ing that, that Malory must prsently have redress for a word speaking, whereuppon yor deponent desyred him to forebeare abusing of him, since hee was not here to Answear him. Where- uppon the said Bushrod said hang you are a couple (or com- pany) of Episcopall knaves. Afterward Mr. Iken said, phy, Mr Page 33 Bushrod, are you not ashamed to abuse gentlemen in orders, hee Answered, hang you, they are Antochrists come from the pope, &c. And some one of us, speaking of the Quakers, wch I take to be Capt. Warner, producing a Letter that mentioned the set- tlement of Church discipline in England, and that the Quakers went to Racke, hereuppon the said Thomas Bushrod said that that they should meet, and his wife should not come to church, but would meet on Sonday, & bid either Capt. Warner or any els come & take them, if they durst. Sworne in court 27th August, 1661. JUSTINIAN AYLMER. Teste : T. Ballard. THE DROWNING OF THOMAS LEEA. The First October, 1661. Being Summoned by the sheriffe of Yorke County and sworn By Capt Daniel Parke to enquire how Thomas Leea came by his casuall Death, wee find the said Thomas Leea was drowned by accident, and not willfully. John Page, foreman, Peter Efford, Ashwell Batten, George Gill, Xopher Persie, Otho Thorpe, Ralfe --------- Elken, John X Dickenson, Giles X Thurloe, William X Bell, Willm X Morris, Ben X Buck. The ffirst October, 1661. The examinacon of John Symmons taken by mee, Daniel Parke, this 27th day of September, 1661. The said Symons saith that going for Oysters the 24th of this Instant in Mr Whithares (my master) boat, and one Thomas Leea with mee, who was a servant to my Mr Robert Whithare also, and being uppon ye Creeke a little below Oyster hole bancke about Gerrard Hawthornes, wee fell out about Rowing, and hee told mee hee would throw me overboard for my Uncles sake, George Lee, in England, and soe hee did, and did hold me by ye legg till I was almost stiffled, & I swam to ye shore, & what became of him I know not. JOHN SYMONS. [The following letter shows the time when John Symonds came to Virginia.] London, the 2d of May, 1660. Brother: I doe hereby desyre you to deliver unto Mr Robert Whithaire or Richard Merritt, and in their absence then unto Mr Xopher Harris, in Queenes Creeke, in Yorke River, Page 34. ffive hogshead of mault, marked H V No 16, 17, 18, 19, 20, and also Tenne barrells of salt marked ditto, & no 25, 26, 27, 28, 29, 30, No 37, 38, 39, 40, and a young man named John Symonds, all aboard John Lymbrey commandr of the John & Sarah, the danger of the seas & mortality, & escapes excepted, being upon ye proper Accompt of my friend, George Lee. Witness my hand the day & yeare aforesaid. WM. NEVETT. Recorded 24 June, 1661. A MUTINY OF THE SERVANTS. January the 24th, 1661. Whereas uppon the Examinacon of severall persons by Mairr Thomas Beale, Esqre, hee directed his warrant to the High Sherr of Yorke County to take into Custody & deteyn William Clutton till he entred into Bond with good security for his appearance at this Court, who accordingly this day appearing, together with the severall examinants. It evidently appearing that ye said Clutton hath at several times & places uttered & spoken mutin- ous & seditious words tending to ye tumultuous and dangerous behaviour of severall servants in Yorke parish, as by severall oathes taken in Court appears. It is ordered that the said Sherr againe take the body of the said William Clutton into his safe Custody, & deteyne him till hee give Bond with very good security for his good behaviour, & it is also ordered that John Parkes take speciall care, & have a strict, dilligent eye uppon Isaack friend his servant, who appeares of a turbulent & unquiett spiritt, & the severall magistrates & masters of familyes are also desyred to prvent the like dangerous discourses in yose parts, & lawfully to looke into the practice & behaviour of yeir severall servants, & yat ye severall Oathes & other papers concrning the prmises be recorded. Wm Clutton to pay Court Charges, als Ex- ecucon. The examinacon of Thomas Collins taken before Mair Thomas Beale, 6th January, 1661, saiy That being at ye house of Mairr James Goodwin amongst the servants, they were there talking of their hard usage, & that they had nothing but corne & water, & were not kept according to the Law of the countrey as one Isaack, now called captaine gen, said for yey ought to have meat 3 times a weeke, & had not, & yerefore it was fit that yhey should Joyne in a petition to send for England to ye king to Page 35. have it redressed To which Wm Cheshyre Answeared that yey should not find a trusty friend to deliver unlesse it was such an one as old George, for hee had been a servant in the country, and knew the countrey. Then the said Isaack said yat yey would get a matter of fforty of them togeyer, & get Armes & he would be ye first & have them cry as yey went along, 'who would be for Liberty, and free from bondage,' & yat yere would enough come to yem & they would goe through the Countrey and kill yose that made any opposition, & that they would either be free or dye for it, to which Will Cheshyre Answered hee would be one, & that hee believed all ye rest of their house would doe ye like; & also one of Mr Hughes servants (which of them he remem- berey not being yere) said yat hee would be one with all his heart, when yey would goe about it. And hee furyer saith that he hay heard ye said Isaac speak to this effect severall times, and yat on Satterday last hee being sent unto Jno Parkes of an Er- rand, & yen yis Examt going into Mair Goodwin's Quarter, & asking ye servants if John Clarke was not wthin, when yese words was related, the said Isaac said these words, I did say soe & doe say soe still (meaning as is above related), & what they, yey can doe noying at mee for it. The mark of THOMAS T. COLLINS Taken this 6th of Jany, 1661, before me Tho Beale, Jurat in cur. 24 Janry, 1661. The Examinacon of Isaac friend, taken as aforesaid, Saith That hee doy acknowledge that yese words affirmed by Thomas Collins above written to be by him this Examt spoaken hee saiy that is is probable that hee might speake such words when yey were all togeyer, & that if ye said Thomas Collins doe sweare it, it is in vaine for him to deny it, but hee doy not remember yat hee did say soe, & if hee did say soe hee never did goe about it, nor intended to goe about it, & furyer saith that hee were present when Wm Clutton being in Mair Goodwins Qrter told Mair Beale amongst ye rest of Mair Goodwins servants that servants ought to have pone & hominy & meat twice a weeke. ISAAC FRIEND. Taken before mee this 6th of Janury, 1661, Tho Beale. Sworne 25th, 1661. The Exam of Wm Barton taken before Mair Thomas Beale the Page 36. sixy day of January, 1661. Saith that hee hay heard Wm Clut- ton oft say that when hee ye said Wm Clutton was a servant hee would have meat three times a week, or else he used to keepe a clash, & that hee comonly had it soe & if that when hee was at worke in ye woods if yey sent him bread & cheese if hee yought it too little hee would send it back again, & that ye last yeare of his service was harder then any of ye other. And furyer saith that hee heard yat ye sd Clutton should say that ye reason yat hee would not be Mair Beale's overseer was because hee could not have meat for yem 3 times a weeke & as many cowes for milke as hee himselfe yought good, & that wheresoever hee lived ye servants should have meat 3 times a weeke. Mark of WILL N. BARTON. The Exam. of George White, taken as aforesaid, Saith that hee hay heard William Clutton say that it was ye Custom of ye Country for servants to have meat 3 times a week, & that ye reason whey hee broake of wth Maior Beale was because hee could not have meat for ye servants there 3 times a weeke. The Exam of John Parke taken ye 6th day of January, 1661, before Mair Thomas Beale saith that Mair Beale being at ye house of Mair Goodwin where ye said Examt is overseer, & the sd examt acquainting the said Mair Beale with the refractorines of the said servants, the sd Mair Beale going to ye Quarter & demanding of ye servants yere of ye reason of such their refrac- torines, & telling yem yat ye said John Parkes had ye comand of yem & was as yeir Master, & that yey ought & must obey him, at which ye said servants being very well sattisfyed till Wm Clut- ton came & told Mair Beale uppon some discourse betwixt yem that servants ought by ye custome of ye countrey to have meat 3 times a weeke, which hee, speaking in ye hearing of ye said servants, was an occasion of setting them to furyer discon- tent & murmuring amongst yem till Mair Beale pacified yem. The mark of JOHN J. PARKES. Warrant of Mair Thomas Beale directed to the Constable of ye Lower prcinct of Yorke on ye High Sherr his depty or deptys to arrest Wm Clutton for seditious words & speeches for personal appearance at the next county court. An Invoyce of what Goods are sent to Mr Wm Hughes is the Honor Anno 1661, and in the Elizabeth and in the Waterhouse. Page 37. To a man servant named George White for his purchase, L s d Portage & clothes, . . . . . . . . 11 00 00 To 2 servants named Thomas Arnot and Edward Smith, &c., &c., . . . . . . . . 22 00 00 Mch 10, 1661. Whereas, William Clyton, who was at ye last Court Ordered to give Bound for ye good Behavior this day petitioned to be dis- charged from the said bond several persons in court declaring that he hath been accompted a very honest civill person & hee promising never to fall into the like misdeameanors for which hee became bound to ye behavior. It is ordered that he have his Bond given in, and hee is by the Court fully discharged from the same, paying all sheriffes and clerkes ffees. SERVANT FREED. November 24, 1673-'4. Whereas, John Jones this day in court produced a Lre from Mr. George Lee,* of London, his Uncle, whereby his said Uncle ordereth him to provide & shift for himselfe, thereby petitioning for his freedome, It is the courts opinion that by vertue of the said Lre hee is free, & therefore is acquitted & discharged from all manner of service due to the said Lee. EXECUTION OF HUNTINGTON AYRES. 20th December, 1658. Mr Francis Wheeler in Court became bound in five hundred pds sterling to prosecute Huntington Eyres, late servant of ffrancis Hall, deced, concerning ye death of ye said Thomas and Elizabeth his wife. Wee, the subscribers, being this day Impannelled uppon a jury of Inquest by Jerom Hamm, high sheriff, for this County of ________________________________________________________ *George Lee was "citizen and grocer of London," and dealt largely with Virginia. Among the servants shipped by him were two nephews, John Jones and John Symonds. In 1660 he sent George Underwood, of London, "his brother," to collect all dues in the hands of his "brother, Dr. William Lee," of York county, Va., "or Xopher Harris, or any other person in Virginia." Afterwards Mr. Robert Whithaire, of York county, Va., was his agent, with Capt. Daniel Parke as suc- cessor in case of the former's death. In 1674 he appointed Capt. Richard Johnson, of New Kent, his agent. In 1645 Richard Lee, ancestor of Gen. Robert E. Lee, and Henry Lee were residents of York county. What relations they were, if any, to George Lee does not appear. Page 38 Yorke, concerning ye manner & cause of ye death of Francis Hall and Elizabeth his wife, doe give our Report as ffolloweth. That they were both knocked in ye head lying in yere Bed in the dead of ye night wth a lathing Hammer by their servant Huntington Ayers as by ye confession of ye said Ayers before us did appear shewing us ye manner. In wittness hereof wee have sett our hands this 21st of January, 1658. Richard (R. B.) Burnett, John (F) Margrett, John Moor, John Woods, John (F) Gunter, Adam (A) Staughan, John Broomfeild, Humphrey Street, William (W) Newman, Joseph Franders. Samuell Fenne, John (J D) Dickeson. 13 Novemb., 1660, Yorke County, Dr, in the yeare 1658 to Wm Drummond, then High Sherr of James Citty Country, for ye chardges & ffees of Huntingdon Ayers, executed ye 12th March, 1658. (lbs. to b.) Vizt: To his Imprisonment . . . . . . . . . 020 To putting on ye irons, . . . . . . . . . 050 To taking off the irons . . . . . . . . . 050 To Impanelling and summoning ye Grand Jury, . . 024 To every person summoned, 5, . . . . . . 120 To returning ye Jury, . . . . . . . . . 050 To ye Officers attendance, . . . . . . . 020 To summoning & Impanelling petty Jury, . . . 072 To taking off & putting on ye Irons, . . . . . 100 ___ 506 ___ To returning ye Jury, . . . . . . . . . . 050 To the officers attendance, . . . . . . . . 020 To taking off the Irons when executed, . . . . . 050 To his dyett 47 dayes at 20 P day, . . . . . . 940 To his attendance & carrying his victuals, . . . . 470 ___ 1530 506 ___ 2036 Comitted 25 January, 1658 WILLIAM DRUMMOND.* Allowed 1800. Teste, T. Ballard, Cl. __________________________________________________________ *William Drummond, first Governor of North Carolina, himself executed in 1677 for taking part in Bacon's Rebellion.